Enforceability of Contract that Allows Lying

Prof. Larry Ribstein has a thoughtful post on a recent Chancery decision discussing the enforceability of a contract that allows misrepresentations. Abry Partners V, L.P. v. F & W Acquisition LLC, 2006 WL 358236 (Del. Ch. 2/14/06), download file. Here … Continue reading

Concurrent Shareholder Litigation in 2 States; Delaware Case Allowed to Proceed Despite Settlement of Other Case

With a tip of the hat to Prof. Bainbridge for referring to it, the blog Sneaking Suspicions cites to a recent letter opinion by Chancellor Chandler in a unique way. Here is the link: a02122506. The case is In Re … Continue reading

Legal Ethics and Technology

For a good source on the intersection of technology and legal ethics, check Ben Cowgill’s recent post, with his promise of more to come on the topic. Here is the link: ‘Ben Cowgill on Legal Ethics’

Stock Option Waived Due to Missed Deadline

In comprehensively explained factual detail and after careful legal analysis, the Chancery Court ruled recently that the right to exercise stock options was waived due to a missed deadline (after which the options expired). One cannot fully appreciate the compelling … Continue reading

Special Committees and Fairness Opinions

Craig Williams posts on his blog May It Please The Court about the recent decision of Chancellor Chandler in the case of In Re Telecommunications Shareholder Litigation, download file. The 43-page decision, as revised on Jan. 10, 2006, addressed many … Continue reading

Blogs v. Law Reviews

Kevin O’Keefe refers to a Wall Street Journal article and discusses the impact of blogs by lawyers and law professors on the traditional law review. This is a topic that will arise more and more often. Many people have asked … Continue reading

Advancement and “Fees on Fees” Both Awarded

In DeLucca v. KKAT Management, LLC., download file, the Chancery Court granted both advancement and “fees on fees,” in the context of a judgment on the pleadings under Rule 12(c). The decision was based on an interpretation of unambiguous contract … Continue reading

Judicial Commentary of Cross-examination

The Wall Street Journal Blog posts, courtesy of Tom Kirkendall, about an exchange between the judge and lawyers in the Enron case involving Lay and Skilling. He quotes from the transcript which captures a discussion about how long cross-examination was … Continue reading

Corporate Law and Catholicisim

Noted corporate law expert, Prof. Steve Bainbridge, has a post worth reading about adult conversions to Catholicism, especially among prominent and learned members of other Christian faiths. Here is the link: ProfessorBainbridge.com: Neuhaus and the Cradle

Motion to Disqualify Denied

In denying a motion to disqualify counsel based on a claim that the opposing attorney might be a witness in violation of Rule 3.7, the court viewed the motion as a tactical maneuver. The court focused on the procedural context … Continue reading